Dominican Court Reviews Anti-Gay Sex Laws
Dominican Republic’s Constitutional Court to Review Laws Criminalizing Same-Sex Conduct in Security Forces
Human Rights Watch has announced that the Dominican Republic’s Constitutional Court is scheduled to evaluate a legal challenge on August 30, 2024, against laws that penalize consensual same-sex conduct among police and military officers.
Discriminatory Laws Targeting LGBT Officers
The laws in question are Article 210 of the National Police Code of Justice and Article 260 of the Armed Forces Code of Justice, which impose penalties of up to two years and one year in prison, respectively, for same-sex “sodomy” among officers. No equivalent penalties exist for heterosexual acts, highlighting the discriminatory nature of these provisions. Human Rights Watch has condemned these laws as violations of international human rights standards, particularly the rights to equality, privacy, and the ability to work without fear of discrimination.
Impact on LGBT Rights in the Dominican Republic
Despite not criminalizing same-sex conduct among civilians, the Dominican Republic remains behind on LGBT rights. The country lacks comprehensive anti-discrimination laws, legal recognition of same-sex marriages or civil unions, and gender identity recognition for transgender individuals. Recent criticisms from LGBT activists have focused on a proposed criminal code that fails to include protections based on sexual orientation and gender identity.
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Notable Cases and Statements
In 2019, a Dominican army sergeant was dismissed after a video of a same-sex encounter surfaced. The dismissal was justified by the army on the grounds of “serious fault” damaging the institution’s morals and ethics. The sergeant’s appeal was dismissed on procedural grounds in 2021, though a new appeal is pending. Furthermore, in 2014, the then-director of the National Police publicly stated that existing laws prohibited homosexual individuals from serving in the force, raising concerns about a culture of discrimination within the security forces.
Anderson Javiel Dirocie de León, a lawyer leading the constitutional challenge, emphasized that the discriminatory laws force LGBT officers to live in fear of being outed, sanctioned, and losing their livelihoods. He argued that these provisions send a message that LGBT individuals are inherently unfit for public service and criminalize their very identity.
Regional and International Context
In recent years, several countries, including Peru, Ecuador, Venezuela, and the United States, have repealed similar laws. Human Rights Watch’s amicus curiae brief highlighted that the criminalization of same-sex conduct violates international standards, particularly regarding the right to privacy and protection from arbitrary interference in private life, as underscored by the United Nations.
The Dominican Republic is among the few countries in the Americas that continue to criminalize same-sex conduct within the military and police. In contrast, some Anglophone Caribbean nations and 63 other countries globally, including Iran, Myanmar, and Sudan, still enforce such laws.
Call for Legislative Change
Human Rights Watch has urged President Luis Abinader and the Dominican Congress to proactively repeal these outdated and discriminatory laws before the Constitutional Court’s ruling. “Repealing these laws would send a strong signal to LGBT people and the world that the principles of equality and nondiscrimination are of the utmost importance in the Dominican Republic,” stated Cristian González Cabrera, a senior researcher at Human Rights Watch.
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